The Federal Bailout of Banks Continues

Many of the largest banks in the country have been paying back the federal government for the loans given to them several years ago when they were in financial difficulty. However, this is not true of all financial institutions. More than 600 financial institutions still collectively owe the federal government more than $30 billion dollars. This amounts to about 13% of the $245 billion dollars that was given to banks by the federal government to bail them out.

SunTrust and KeyBank are two of the larger financial institutions still utilizing federal funds from the bailout. Some of the financial institutions have used the federal bailout money to buy other banks and to line their investment portfolios. This is not what the federal bailout funds were intended for!

When the federal government became involved in the bailout, there was no end game as to how to extricate themselves from loaning money to banks. The Troubled Asset Relief Program, commonly referred to as TARP, injected the federal funds into financial institutions to prop them up during the height of the banking crisis. The issue now is when does the government get this money back and when does the program end.

The Bailout Program is Profitable

The Treasury Department has indicated that they anticipate receiving a $12 billion dollar profit related to the funds loaned to banks under the bank bailout program. However, whether the federal government will ultimately make money or lose money depends on what happens with the 600 remaining banks that are still utilizing taxpayer funds. It should be noted that more than 140 banks have not been making their payments to the federal government. A substantial number of these banks will ultimately default on their debt to the federal government. Under the TARP program, the banks can hold onto their federal funds up to three years. The TARP program is also causing many small banks to merge to become more financially stable. Larger banks have access to capital, while smaller banks have greater difficulty obtaining capital. The intent to the TARP program was to render the banking industry in the United States healthy. Hopefully this program will be a continued success.

Long Island Foreclosure Defense Attorneys

The foreclosure defense and bankruptcy attorneys at the Law Offices of Schlissel DeCorpo can help you with the following items: mortgage modifications, mortgage modifications that fail to meet your needs, foreclosure conferences, defective foreclosure lawsuits, predatory lending issues, real estate problems, defective mortgages, bad faith by financial institutions, Chapter 7 bankruptcies, Chapter 13 bankruptcies, providing information concerning mortgage terms and foreclosure terms, discussing the types of bankruptcy that may be available to you, re-establishing credit after bankruptcy, eliminating second mortgages and stopping foreclosure.

You also may want to take a look at our foreclosure blog. Call us for a consultation for any of the aforementioned items.

Foreclosure Abuses

The Attorney Generals in all fifty states have been involved in litigation concerning the foreclosure practices at the largest banks in the United States. When these investigations by the State Attorney Generals were initially announced, homeowners who had been defrauded and abused by financial institutions they placed trust in were expecting justice.

Settlement Proposal

There has recently been a settlement proposal made to America’s largest banks. The Republicans in the United States Senate and House of Representatives feel that the Attorney Generals are asking much too much from the banks. The proposal includes needed reforms. It would require financial institutions and banks to stop foreclosure proceedings while a loan modification is pending. It will also be necessary for the financial institutions to eliminate red tape, simplify the loan modification process, properly fund it and speed it up.

The purpose of this settlement proposal is to shield the financial institutions from future lawsuits involving illegal, improper mortgage and foreclosure practices. Although it is a good idea to have one global settlement with the financial institutions, the settlement should not be too generous. Banks have been involved in numerous improper mortgage and foreclosure practices. They have filed false court documents to speed up foreclosures. They have utilized robo-document signers. They have brought foreclosure proceedings when mortgages have been paid. They have charged excessive fees. They have not provided loan modifications pursuant to the federal loan modification programs. They have had conflicts of interest and they have favored foreclosures over loan modifications.

Bank Misbehavior

Banks have gotten away with bad behavior, which has victimized consumers for much too long. The foreclosure crisis in the United States was caused by greed on behalf of the banks! A settlement concerning the foreclosure abuse by financial institutions should be of a nature as to reform the banking industry regarding mortgage modifications, mortgage and foreclosure practices and rectify the bad past practices.

Foreclosure Defense for New Yorkers

We provide foreclosure defense for New Yorkers. We assist New Yorkers with mortgage modifications and mortgage modifications programs that fail. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We explain why bankruptcies should be filed to our clients. We deal with re-establishing credit when necessary. We can stop foreclosures from moving forward. We attend foreclosure conferences in the state courts in New York for our clients. We provide foreclosure defense and litigate defective foreclosure lawsuits, predatory lending, real estate issues, bad faith by financial institutions and defective mortgages. We maintain a foreclosure blog which is updated on a weekly basis. Call us should you have foreclosure or bankruptcy problems. We can help you!

Buying a Home in Today’s Market

Buyer’s Market

There are many homes on the market today in every locality. Some homes are placed on the market by sellers, other homes come to the market by way of foreclosure by the financial institution. All of these homes have one thing in common, they’re competing against many other homes to be sold.

What Should a Seller Do

A seller should look for a bargain. In today’s market, if the perspective purchaser’s first offer does not insult the seller, they are offering too much money. There is no list price for a used home. The value of a home is based on supply and demand. There is an over supply of homes on the market right now. This is why it is a purchaser’s market. Do not be afraid to offer a substantially lower amount than the seller seeks to sell his or her home for. It is your money, be careful!

What To Do First

Obtain a credit report. If your credit is good, great! If your credit is not so hot, contact an attorney or credit counselor and rebuild your credit.

Speak to a real estate broker and/or a mortgage broker about the actual cost involved in the closing on the purchase of a home. Do you have 20% of the home’s value as a down payment? If not, look into whether you can obtain a mortgage with a lower down payment. Speak to other local banks or mortgage brokers.

FHA and VA Mortgages

FHA mortgages are Federal Housing Authority mortgages. VA mortgages are given out by the Veterans Administration to Americans who have served in the armed services of the United States. These are alternatives to obtaining a conventional mortgage from a financial institution. Investigate whether you qualify for these mortgages and whether their interest rates are lower then those of financial institutions giving out conventional mortgages.

Be Careful

Even if you obtain the deal of a lifetime, you may find that in a year or two, due to current market situations, your home is worth less than you paid for it. The purchase of a single family home is the largest investment most families make. It gives you a place to live and a place to raise your children. In most situations, it is a larger, more comfortable space than an apartment that you would rent. However, be advised it is an investment and investments can go both either up or down!

Foreclosure Defense on Long Island

We provide foreclosure defense for our clients. We litigate foreclosure lawsuits. We attend foreclosure court conferences on behalf of our clients. We deal with issues such as defective foreclosure lawsuits, predatory lending, bad faith by financial institutions, and defective mortgages. We’ve been handling real estate related matters for more than 45 years. We assist our clients in mortgage modifications and we deal with mortgage modifications that fail to meet our clients’ needs.

In appropriate situations, we file Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. Both of these bankruptcies have the impact of immediately stopping foreclosure proceedings. We explain the types of bankruptcies that are available to our clients, as well as why they should file bankruptcy. We also maintain a foreclosure blog that deals with real estate, mortgage and foreclosure related issues. Call us for a free consultation.

The Fantasy of Pre-approval of Mortgages

Pre-approval for mortgages is a fantasy. At our law office, our clients have been coming to us for years and advising us that they’ve spoken to their mortgage broker and they’ve been pre-approved. Pre-approval is a marketing device for mortgage brokers and financial institutions. It does not mean that you will receive a mortgage!Pre-approval is usually subject to underwriting, credit checks, validation of financial information and all types of other prerequisites. The following is an example of how pre-approval really works:

The prospective homeowner goes into the financial institution. A salesperson tells the perspective homeowner that he or she has been pre-approved for a mortgage. Based on this information, the prospective homeowner finds a house to buy and enters into a real estate contract. The financial institution does credit checks, checks employment, and thereafter underwrites the loan.

In the end, the financial institution can turn down the mortgage for numerous reasons, including not fulfilling the obligations of the underwriting process or by simply stating that the pre-approval was for only a limited period of time and that the prospective purchaser has exceeded that period of time in going from contract to closing on the transaction. This leaves the homeowner high and dry. You don’t have your mortgage until you are sitting at the closing table and the check from your financial institution is given to the seller.

Nassau County Foreclosure Defense Lawyer

Our law firm deals with the following issues: mortgage modification programs, foreclosure, court conferences, foreclosure litigation, defective mortgage foreclosure lawsuits, predatory lending issues, bad faith by financial institutions, defective mortgages and real estate issues in general. We also deal with the filing of Chapter 7 bankruptcy, Chapter 13 bankruptcy, re-establishing credit and stopping foreclosures. Should you have any of these problems, call us! We can help you.

Federal Government Getting Out of the Mortgage Business

Fannie Mae and Freddie Mac were created by the Federal Government to assist homeowners in obtaining mortgages to purchase single family and/or multiple family homes. Freddie Mac and Fannie Mae are not doing well. They are both bankrupt. These organizations are currently being bailed out by the Federal Government.

President Obama and his administration would like to abolish Fannie Mae and Freddie Mac. Both the White House and Congress are in agreement that the long term future of the mortgage market should be determined by private enterprise and not by federally backed agencies.

Today, tax payers are shelling out billions of dollars to keep Freddie Mac and Fannie Mae financially solvent. These organizations are involved in almost 90% of all mortgages in the United States. Freddie Mac and Fannie Mae buy mortgage loans from primary lenders (banks). They put them together in investment products and sell them with guarantees in the event the borrower defaults. The initial purpose of Freddie Mac and Fannie Mae was to facilitate the purchase of homes by middle class Americans. The underlying reason for their creation was to allow more Americans to obtain the American dream, the ownership of a single family home at an affordable mortgage rate.

Three Proposals for the replacement of Freddie Mac and Fannie Mae

Proposal 1: The Federal Government would not be involved in the underwriting of home mortgages. The Federal Housing Administration would simply police mortgage activities.

Proposal 2: The Government would act as an insurer of mortgages.

Proposal 3: The Government would act as an insurer of only targeted mortgages. Under this proposal, the government would be involved more as a reinsurer of mortgages.

Congress and the Obama Administration are now discussing these proposals.

New York Foreclosure Defense Lawyers

Our law office can help you with mortgage modifications. We are familiar with mortgage modification programs that fail to meet consumers’ needs. We represent New Yorkers in foreclosure litigation. We defend them from these proceedings. We litigate defective foreclosure lawsuits, predatory lending, bad faith and defective mortgages. We attend foreclosure court conferences on behalf of our clients. We have decades of experience regarding real estate transactions involving mortgages. We maintain a foreclosure blog to educate New Yorkers concerning relevant issues involving mortgages, foreclosures and real estate matters.

We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We explain to our clients why they should or should not file bankruptcy. We utilize bankruptcies to stop foreclosures in their tracks. When the bankruptcy is completed, we are available to assist our clients in re-establishing their credit.

Should you have a foreclosure or mortgage modification problem, feel free to call us a 1-800-344-6431, 516-561-6645 or 718-350-2802.

Fixing Up Your Home for Sale

Do you want to sell your house? If the answer is yes, you may want to consider fixing it up to make it more sale worthy. It may be necessary to modernize or improve certain aspects of your home or to upgrade your property to make it more marketable in the over crowded real estate market.

How Much Should You Spend

The rule of thumb with regard to spending to make your home more marketable is to spend no more than one or two percent of your home’s value. There are various things you can do to make your home more marketable.

Kitchen Appliances

Your kitchen appliances should match each other (hopefully, this is not the first time you have heard this suggestion!). Attractive, stainless steel kitchen appliances or color coordinated kitchen appliances make the kitchen more presentable.

Landscaping

Real estate brokers talk about the concept of curb appeal. When a purchaser walks towards your home, do they like what they see? Your gardening should be neat and attractive. Shrubs should not be overgrown. Weeds should be removed from your lawn. Flowering shrubs, flowers and attractive pots also add to the curb appeal of your home. You may have to hire a gardener to obtain this look.

Painting

Homes with fresh coats of paint in their rooms have a cleaner, more attractive look. Stick to neutral colors, such as off whites or baige. Take a look at your moldings. Are they scratched or beaten up? Replacing or repairing and painting moldings adds a finishing touch to a room.

Storage Space

Perspective purchasers like to see organized storage areas. Make sure your closets and storage areas are neat and organized. Buyers will be looking into them! Closet systems can be an inexpensive upgrade.

Bathrooms

The grout around your toilets and your bathroom tiles should not be discolored, cracked, uneven, and there should be no missing grout. Beat up toilets and black grout have a negative impact on prospective purchasers. You don’t have to remodel your entire bathroom. Just fix it up and make it more attractive! If the shower head is dirty or rusty, replace it! Take a look at the light fixtures in your bathroom. Are they out of date, dirty or damaged? If so, upgrade and replace them with new, attractive light fixtures.

Selling Price

The minor upgrades, enhancements and fixing-up suggestions in this article may help you sell your home. However, in today’s market, one should be realistic as to what a home is worth. Your home is worth only what someone else will pay for it. Real estate values are based on numerous factors, including supply and demand. If you want more money than the market values your home at, you’re making a mistake. If you want to sell your home now, take the best reasonable offer! Do not be greedy!

Foreclosure Help in New York

Our office assists clients with mortgage modifications. We deal with mortgage modification programs that fail to meet our clients needs. We litigate defective foreclosure lawsuits, predatory lending issues, defective mortgages and bad faith by financial institutions. Our office has been involved in handling real estate matters for more than three decades. We also maintain a foreclosure blog. We advise our clients whether filing a Chapter 7 or Chapter 13 bankruptcy is necessary to stop their foreclosure proceedings from moving forward. We assist our clients in stopping foreclosure and sometimes we can help eliminate second mortgages. If a bankruptcy is filed at the end of the bankruptcy, we can help our clients reestablish credit. Feel free to contact us for a free consultation.

Underwater Mortgages Keep Rising

The high level of unemployment in the United States, coupled with the increasing foreclosure rate, is leading to a reduction in the value of homes. The percentage of Americans who owe more on their mortgages than the value of their homes continues to rise. This is causing more and more homes to be underwater. “Underwater” refers to a home having a greater mortgage indebtedness on it then its actual value.

There are 11 million families, which represent 23% of all foreclosures in the United States, that have mortgages that were underwater during the last quarter of 2010. That was an increase from the previous quarter, in which 22.5% of the homes in foreclosure in the United States were underwater. This is the third quarter in a row where the number of homes underwater have increased.

Underwater Mortgages Leave Homeowners with Few Options

When the mortgage on a home is underwater, a homeowner has few options. The homeowner won’t be able to qualify for mortgage refinancing. They simply must continue making the payments on their property and hope that it will eventually start appreciating in value and be worth more than the indebtedness on it.

Experts expect that home prices will continue to fall throughout the 2011 calendar year. The greater the percentage of homes in a given area that are underwater, the more significant impact they have on the valuation of homes in general for that area. As homes in a locality fall into the category of being underwater, they tend to bring down the values of the neighboring homes too.

Purchasing a Home in Today’s Market

To obtain a conventional mortgage, most financial institutions require the perspective homeowner to put down 20% of the purchase price of the home. In today’s economic situation in the United States, with falling salaries, high unemployment and high foreclosure rates, few perspective homeowners fall into this category. The down payment requirements for prospective new home buyers is having a negative effect on the housing market. President Obama’s administration seeks to have all perspective homeowners provide a minimum of a 10% down payment before they can obtain a conventional mortgage that is guaranteed by either Fannie Mae or Freddie Mac.

The amount of negative equity in the United States in the last quarter of 2010 increased from $744 billion nationwide to $751 billion nationwide. This is a major step in the wrong direction! Families, at one time, measured their wealth by the equity in their home. Today, home ownership means you have an asset that is decreasing in value!

Foreclosure Defense Attorneys on Long Island

The Law Offices of Schlissel DeCorpo handles foreclosure defense litigation. We submit detailed answers to summonses and complaints filed by financial institutions. We litigate defective foreclosure lawsuits, predatory lending, defective mortgages and bad faith by financial institutions. Our office in experienced in handling real estate litigation. If a case is in litigation, our attorneys will attend foreclosure court conferences on behalf of our clients. We also maintain a foreclosure blog that contains articles concerning foreclosures, mortgage modification issues and other issues effecting homeowners. We also file Chapter 7 and Chapter 13 bankruptcies which stop foreclosures and can have an impact on eliminating second mortgages. We can also assist our clients in re- establishing credit.

Feel free to call us if you are having difficulties with your financial institution, paying your mortgage or in dealing with a foreclosure issue.

Mortgage Reform by President Obama

President Obama seeks to reform the mortgage industry in the United States. He plans on accomplishing this by significant changes in government backed Fannie Mae and Freddie Mac. President Obama has presented several different options to the United States Congress for reducing the country’s dependence on Freddie Mac and Fannie Mae. His program is one of fundamental reform of the mortgage industry. He hopes these reforms will provide greater protection for consumers and allow middle class Americans to obtain affordable mortgages.

Fannie Mae and Freddie Mac

Government backed Fannie Mae and Freddie Mac are involved in approximately 90% of the mortgages, one way or another, in America. As of now, these two government backed agencies have over $150 billion dollars in losses! It is anticipated these losses will climb to $400 billion dollars before the housing bubble is completely corrected.

New Programs

Some of the recommendations made by President Obama’s reform team will require Fannie Mae and Freddie Mac to charge banks the same amount for loan guarantees as paid by private financial institutions. Currently, federally backed mortgage loans can go up to $729,750. One of President Obama’s reforms would be to reduce this amount to $625,500. It is anticipated that this action will motivate the private banking sector to make more high-value mortgage loans.

The administration also seeks to have a minimum down payment of 10% regarding all government backed loans. One of the problems that caused the mortgage bubble is that Freddie Mac and Fannie Mae have been making loans with zero down payment. Query – if a homeowner has no money to put down for the purchase of a home, isn’t this an indication that if things do not go well, they will quickly walk away from making their mortgage payments? This is what caused the housing crisis. The giving of inappropriate mortgage loans to unqualified prospective homeowners!

The removal of government guarantees from the loan market is opposed by various special interest groups. Real estate agents, home builders, home supply companies, mortgage brokers and other individuals who make a living from the housing market oppose any changes to the current system. The Obama Administration seeks to make changes to the mortgage market over a five-year period.

Mortgage Modification and Foreclosure

If you have problems making your mortgage payments, reducing the amount of your monthly payments is a good idea. All financial institutions currently have mortgage modification programs. Unfortunately, some mortgage modification programs fail to provide belingered homeowners with realistic alternatives to their current mortgages. Our law office can help you deal with the complexities of the various mortgage modification programs.

Foreclosure is the process by which a bank takes back a home for the nonpayment of a mortgage. Should you be facing foreclosure, we can keep you in your home. Our foreclosure defense lawyers have developed an expertise in fighting these lawsuits. Once a lawsuit is initiated, we attend foreclosure court conferences on behalf of our clients. We defend defective foreclosure lawsuits. We deal with issues of predatory lending, defective mortgages and the failure of financial institutions to obtain the proper assignments and paperwork necessary to initiate litigation. We also update this foreclosure blog on a regular basis to keep our clients informed about the real estate industry in the United States. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The Real Cost of Home Ownership

Individuals and families purchasing their first home usually ponder over how large a mortgage they can afford to pay. There are a variety of other costs that should be taken into consideration when purchasing a home. Homes require maintenance. Appliances break, roofs leak and there are numerous other types of maintenance problems homeowners must anticipate. These include landscaping, pest control, plumbing problems and the maintaining of the heating and air conditioning systems. These costs must be taken into consideration when purchasing a home.

Utilities

Homes must be heated and in the summer they may need air conditioning. The price of fuel oil and gas have been going up for the past few years. You should obtain the expense records from the previous owner for the utilities including heating, gas, oil and electric before purchasing a new home. These costs should be built into your monthly budget.

Homeowners Insurance

It is necessary to maintain casualty insurance on your home. This would repay either you or the bank should your home be damaged in a fire or through other circumstances. Sometimes this expense is built right into the mortgage payment. If you’re paying this expense directly, you should take this into account when budgeting for a new home.

Home Improvements

When a car gets old, you either fix it or you purchase a new car. When you own a home, besides from maintaining it, sometimes it becomes necessary to make improvements to maintain your quality of life. Home improvements involve planning, time and money.

Emergency Fund

One never knows when an emergency will take place. In these situations, it’s important to have a nest egg to bide you over during an emergency.

New York Foreclosure Defense

If your home is in foreclosure, you need a foreclosure defense lawyer. Call us. This is what we do! We litigate numerous foreclosure defense issues including, but not limited to, defective foreclosure lawsuits, predatory lending, bad faith, defective mortgages, and other real estate related issues. We attend court conferences on behalf of our clients and we keep them up to date concerning the status of the foreclosure. We handle mortgage modifications for our clients and we deal with mortgage modification programs that fail to meet our clients needs. When appropriate, we also file Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. If you have a mortgage related problem call us at 516-561-6645, 1-800-344-6431 or 718-350-2802.

Credit Consequences of Foreclosure and Deficiency Judgments

Foreclosure And Deficiency JudgmentsFamilies facing foreclosure are concerned about being thrown out of their homes. Credit issues and concerns about deficiency judgments are secondary. When a bank initiates a foreclosure proceeding, they file a lis pendens on the property. A lis pendens filing notifies all prospective purchasers that the property is in foreclosure. This has the effect of making the title to the home unmarketable. This means the foreclosure proceeding must be dealt with before the house can be sold.

Late Mortgage Payments

Each time a mortgage payment is paid late, the financial institution notifies credit reporting agencies concerning this late payment. When mortgage payments are not made, credit reporting agents are also provided this information. Each late payment and each non-payment has a negative effect on credit ratings.

Sale of Property

At the end of the foreclosure proceeding the home is sold. Courts usually appoint referees in New York to sell these homes. If the financial institution does not receive enough funds from the foreclosure sale to pay off the mortgage in total, they may enter a deficiency judgment against the homeowner. The deficiency judgment is the portion of the mortgage that was not paid from the proceeds of the foreclosure sale. For example, if your home sells for $200,000 in the foreclosure sale and you owe $250,000 on your mortgage, the bank can enter a judgment against you for the $50,000 deficiency. This is called the deficiency judgment.

Avoiding Deficiency Judgment

There are a variety of ways to avoid deficiency judgments. You can enter into an agreement with the bank to have a short sale. This is when the bank agrees to forgive the balance of the mortgage not covered by the sale. You can also turn your house over to the bank by a deed in lieu of foreclosure, with the bank agreeing to forgive any deficiency from the sale of your home. Should your house be in foreclosure, it is important to consult with a knowledgeable attorney to avoid being subject to a deficiency judgment.

New York Foreclosure Defense

Losing your home in foreclosure is a scary prospect. Having an experienced foreclosure defense lawyer will not only help you in court it will give you piece of mind. Our office litigates foreclosure defense matters on behalf of our clients. We attend foreclosure court conferences. We litigate all types of real estate related issues including, but not limited to, predatory lending, defective foreclosure lawsuits, defective mortgages and bad faith on behalf of financial institutions. We maintain a foreclosure blog to update the general public concerning issues involving foreclosures, mortgage modifications and real estate matters. We also file Chapter 7 and Chapter 13 bankruptcies to deal with foreclosure problems. Call us we can help you!

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

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The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.

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